Terms and conditions.
Flaminia Tacconi is behind Blossom with Yoga. You can reach us via the email address: blossomingwithyoga@gmail.com
Article 1 – Definitions
In these general terms and conditions, the following definitions apply:
1. Service provider: Flaminia Tacconi, trading under the name Blossom with Yoga
2. Customer: The consumer or entrepreneur who concludes an agreement with us and thereby accepts the general terms and conditions.
3. Offer: all offers originating from us, both via the website, via social media media or by email.
4. Service: the services we provide:
5. Products:
Physical and online lessons
Physical and online workshops
Yoga weekends and Yoga retreats
6. Agreement: the agreement entered into between you, as Customer, and us, as service provider.
7. Effective date: the agreement takes effect on the day of purchase of the good/service.
8. Right of withdrawal: the right of a consumer to waive a distance contract within the statutory cooling-off period of 14 days, in accordance with Article VI.47ev. WER. If you act in the capacity of a company, you cannot claim the right of withdrawal.
9. Written: written communication by e-mail or by registered letter where necessary.
10. Website: https://www.blossomwith.yoga
Article 2 – Applicability of general terms and conditions
2.1. In these general terms and conditions we describe the rules on the basis of which we, as a Service Provider, will provide our services and products to you, as a Customer. These conditions apply to all our quotations, offers, training courses, agreements, services and products, and contain important information about your rights and obligations.
2.2. These general terms and conditions always take precedence over any general terms and conditions of you, as a Customer. This insofar as there is no deviation from these conditions in writing.
2.3. The latest version of these general terms and conditions always applies.
Article 3 – Offer and acceptance
3.1. We, as a Service Provider, always make an offer via the website or via quotation. As a Service Provider, we offer the individual sessions, 10 class cards valid for 6 months and if applicable annual subscriptions on our website. As a Service Provider, we prepare a quote for requests for private lessons or lessons in the premises of a company.
3.2. We, as a Service Provider, always have the right to adjust the rates and/or conditions. The offer that existed at the time you, as a Customer, accept it, ie purchase it, is the current offer.
3.3. We, as a Service Provider, cannot be held to our offer if you, as a Customer, could reasonably understand that the offer, or any part thereof, contains an apparent material error or clerical error, such as an unrealistically high discount or unusually low asking price.
Article 4 – Execution of the agreement and provision of information to the Client
4.1. We, as a Service Provider, offer different types of services and products.
Unless otherwise agreed in writing, the work will consist of:
Physical and online lessons
Physical and online workshops
Yoga and meditation weekends
Yoga and meditation retreats
4.2. When you, as a Customer, purchase our services or products and in other words accept the offer, you are obliged to pay the full sum. Even if the agreement would be prematurely terminated by you, as a Customer, you, as a Customer, will still have to pay for the entire course package.
4.3. We, as a Service Provider, carry out the assignment to the best of our knowledge and ability and in accordance with the rules of the art. We, as a Service Provider, are not liable for the failure to achieve the result that you, as a Customer, intended.
Article 5- Cancellation policy
If you, as a Customer, need to cancel one of the physical yoga classes, this can be done free of charge if this is communicated to us, as a Service Provider, more than 12 hours before the session. If you, as a Customer, inform us, as a Service Provider, within 12 hours prior to the yoga class, we, as a Service Provider, reserve the right to charge this turn. However, we, as a Service Provider, will never refund the lessons.
Article 6 – Compensation:
6.1. General
As a Service Provider, we offer individual yoga sessions, 10 class cards and if relevant annual subscriptions on our website. The stated rates are always expressed in euros. As a Service Provider, we draw up an invoice for the private lessons. This invoice has a term of 14 days and must be paid before the start of the lessons. The agreed rate includes all costs. If there are still additional costs, we, as a Service Provider, will always clearly report this to you, as a Customer.
6.2. Payment
6.2.1. You, as a Customer, must pay for most of our goods and services in cash or through bank transfer. As a Service Provider, we will draw up an invoice for our private lessons.
6.2.2. You, as a Customer, will transfer the entire amount of the invoice in one go to our account number BE87063692741194 as a Service Provider, stating the invoice number, which can be found on the invoicing. The invoice must be paid within 14 days, unless otherwise agreed in writing.
6.2.3. In the event of non-payment or non-payment of the invoice within the set term, all outstanding invoices will become immediately due and payable by operation of law and without notice of default and the Customer will owe a default interest of 5% per month on the invoice amount from the due date, by operation of law and without prior notice of default. a fixed compensation amounting to 10% with a minimum of EUR 50.00. In case of partial payment, full compensation remains due.
6.2.4. We, as a Service Provider, never refund purchased services and products, unless there is a medical certificate indicating that the customer cannot practice yoga for a longer period then 6 months. If you as a customer would not be able to participate, if you as a customer are prevented in one way or another, the customer can transfer the purchased product or service to someone else with written permission from us as a Service Provider.
6.3. Direct Debit
6.3.1. The 10 class cards is paid before the first class, either by bank transfer, by cash or electronic payment or by invoice. We, as a Service Provider, will always issue an invoice for this.
6.3.2. In the event of non-payment or non-payment within the stipulated period, all outstanding invoices will become immediately due and payable by operation of law and without notice of default and you, as the Customer, will owe a default interest of 5% per year on the invoice amount from the due date, by operation of law and without prior notice of default. fixed compensation amounting to 10% with a minimum of € 50.00. In case of partial payment, full compensation remains due.
Article 10 – Disputes
You, as a customer, are obliged to make any complaints about invoices and/or delivered services or products known to us in writing within 8 days after the complaint has arisen. You, as a customer, can always choose to submit a complaint to the consumer ombuds service of the Federal Government.
This can be done via this link: http://www.consumentenombudsdienst.be/fr.
Article 11 – Liability
11.1 General
We, as a Service Provider, will always make every effort to perform the agreement to the best of our knowledge, ability and in accordance with the requirements of good workmanship. You, as a Customer, acknowledge that we, as a Service Provider, only have a best efforts obligation and not a result obligation.
We, as a Service Provider, have the right to engage third parties for the execution of the agreement. We, as a Service Provider, have selected these third parties with the utmost care in order to achieve a good quality of execution.
11.2. Force of the majority
We, as a Service Provider, do not accept any liability if we are unable to fulfill our obligations as a result of force majeure or other reasons. If the force majeure is only temporary, we will still try to fulfill our contractual obligations from the moment that this is reasonably possible again. If it appears that a continuation is no longer possible, the agreement will be reviewed or dissolved in mutual consultation.
11.3. Relationships with third parties
Insofar as we, as a Service Provider, would be dependent on the cooperation, services and deliveries of third parties, we, as a Service Provider, can in no way be held liable for damage resulting from these relationships or the termination thereof.
11.4. Contractual shortcomings
If, in the performance of our agreement, a serious shortcoming is due to us, as a Service Provider, you, as a Customer, can give us written notice of default. As a Service Provider, we are given a reasonable period of time to still fulfill our obligations. We, as a Service Provider, can only be held liable for the amount covered by our professional liability insurance. We are not responsible for any failure of an appointee or third parties. Any liability for any other form of damage is excluded, including any compensation for indirect damage, consequential damage or damage due to lost turnover or profit.
11.5. Website
We, as a Service Provider, are not liable for damage caused by burglary or hacking of the Website. We, as a Service Provider, will do the necessary to observe all reasonable security measures and this in accordance with the state of the art currently available.
We, as a Service Provider, are not liable for damage caused by phishing, farming or other forms of internet fraud or other criminal activities.
Article 12 – Yoga retreats/ Yoga weekend
12.1. General
Our retreats include accommodation and the costs of the classes that will be held in the location of the retreat for you, as a Client. Travel arrangements are usually organised by yourself. Food and beverages will be included only if clearly indicated on the advertisement for the yoga retreat you subscribed to.
12.2. Quotations
12.2.1. When requesting a quote for our retreats, we, as a Service Provider, provide you, as a Customer, with all mandatory pre-contractual information. Based on this information, you, as a Customer, can make your purchase decision. We will also state what the minimum number of people is for the trip to take place.
12.2.2. You, as a Customer, receive this information in a clear, comprehensible and eye-catching manner.
12.2.3. Obvious material errors in the pre-contractual information do not bind us, as a Service Provider. We, as a Service Provider, are allowed to rectify these errors afterwards.
12.3. Package Travel Agreement
We, as a Service Provider, will draw up this agreement in clear and understandable language. In this agreement, we, as a Service Provider, will recapitulate the pre-contractual information. This agreement is concluded at the moment that you, as a Customer, confirm the quotation. Non-payment of the advance does not affect the validity of the agreement.
12.4. Changes to the Agreement
12.4.1. Transfer Retreat
12.4.1.1. The trip can be transferred by you, as a Customer, to a third party. This third party will have to meet the conditions that we, as a Service Provider, set up in order to participate in the retreat.
12.4.1.2. You, as a Customer, must inform us, as a Service Provider, within a reasonable period of time (at the latest 7 days before the start of the trip).
12.4.1.3. We, as a Service Provider, can charge you, as a Customer, additional costs for this. These costs can include: handling costs and the costs for additional travel services.
12.4.2. Cancel/change agreement
12.4.2.1. Cancellation or modification by the Customer
You, as a Customer, can cancel the agreement, for this we, as a Service Provider, can charge a cancellation fee. This cancellation fee cannot exceed the cost of the trip. We, as the Service Provider, must take into account the possibility that the place can be taken by another participant. We, as a Service Provider, will in that case deduct this added value. If you, as a Customer, want to change the agreement, we, as a Service Provider, can charge extra costs for this. You, as Customer, accept that the change is subject to availability and any price adjustments.
12.4.2.2. Termination or modification by the Service Provider
We, as a Service Provider, can terminate the agreement if the minimum number of participants is not reached, without owing compensation to you, as a Customer.
You, as a Customer, will be notified of this in writing by us, as a Service Provider. This cancellation will happen:
20 days before departure for a trip of 6 days or more
7 days before departure for a trip of 2-6 days
48 hours before departure for trips lasting less than 2 days
We, as the Service Provider, will in that case offer an equivalent alternative for the trip or refund the amount of the trip. You, as a Customer, will always have the choice between both options.
We, as a Service Provider, have the right to make minor changes to the agreement before departure. You, as a Customer, will be notified of these changes in writing. When we, as a Service Provider, have to change the agreement significantly so that the price increases by more than 8%, you, as a Customer, must inform us within 2 working days whether you, as a Customer, will accept this change. If you, as a Customer, do not do this, the agreement will automatically be terminated.
12.5. Unavoidable and extraordinary circumstances
If we, as a Service Provider, are unable to perform the agreement due to unavoidable and extraordinary circumstances, we, as a Service Provider, can terminate the agreement without having to pay compensation to you, as the Customer. We can offer you, as a Customer, an equivalent alternative or refund the cost of the trip.
12.6. Liability
We, as a Service Provider, are liable for the proper execution of the agreement. In doing so, we take into account the expectations that you, as a Customer, could reasonably have based on the information you, as a Customer, have received. Our liability, as a Service Provider, is limited to three times the price of the trip, except in the case of:
Intentional damage or personal injury
Negligent damage or personal injury
Article 13 – Intellectual property right
13.1. By accepting these terms and conditions it is expressly acknowledged by you, as Customer, that all designs, products, information, images, emails, downloads, schedules, lessons and/or materials, and other content on the website are the property of the Service provider and are protected by the relevant intellectual property rights, including but not limited to copyrights, trademark rights, database rights, neighboring rights, patents and design rights.
13.2. We, as a Service Provider, grant to you, as a Customer, a limited, personal, non-exclusive, non-sub-licensable, non-transferable and irrevocable right to use the products and services for personal purposes and under the conditions, as in these terms and conditions asked. This is only for the duration of the agreement.
13.3. You, as a Customer, are expressly prohibited from copying, modifying, disclosing, using for direct or indirect commercial purposes or transmitting to third parties any designs, information, images, lessons and other content prepared by us, as a Service Provider. to make.
13.4. You, as a Customer, may under no circumstances share our purchased e-books and downloads with third parties. In addition, it is also strictly forbidden to copy the physical card sets.
13.5. The parties can always deviate from this by means of a written agreement.
Article 14 – Data processing
14.1. By accepting an offer, you, as a Customer, declare that you agree to the processing of his personal data in accordance with our privacy policy, as a Service Provider. These terms and conditions should be read in conjunction with the privacy policy accessible on our website.
14.2. By accepting the agreement, you, as a Customer, accept these general terms and conditions without reservation.
14.3. In the context of the services that we, as a Service Provider, provide, we process as 'responsible' personal data of the contact persons that you, as a Customer, specify. The contact details of these persons may be processed in the context of our Customer Management, for marketing purposes, and serve to properly execute our agreement with you, as a Customer.
Article 15 – Confidentiality
15.1. The parties will be bound to observe a full confidentiality obligation. This means that, without the express permission of the other party, they may not use, distribute or transfer any of each other's trade secrets in connection with any business facet to any other third party, in particular, but without this being an exhaustive list, regarding the pricing, marketing, production, financing, and strategic development of the company, lists or details regarding Customers and past or potential Customers, contractual terms, etc… This confidentiality obligation will apply during the term of the agreement and thereafter.
15.2. Confidentiality lapses if, on the basis of a statutory provision or a court decision, one of the parties is obliged to provide the confidential information to third parties.
15.3. The parties recognize the importance of this obligation. The breach of this confidentiality obligation during the term of this agreement shall be considered a serious error. In the event of violation of this article, the parties will owe a fixed compensation of € 1,500, without prejudice to the right to claim additional compensation, if this sum does not sufficiently compensate the damage. Such damages shall be payable to the other party without limiting its right to exercise any other possible remedy.
Article 16 – General
16.1. No one can transfer his or her rights and/or obligations under these terms and conditions or our agreements to a third party without the consent of the other party.
16.2. If a provision of these terms and conditions would be wholly or partly in conflict with a statutory provision, and would therefore be invalid, these terms and conditions will remain in full force and effect. If necessary, the parties will jointly agree on a new provision that is in line with the purpose of the invalid provision.
16.3. This agreement is governed by Belgian law. Any dispute regarding the interpretation or execution of a contract and with regard to our invoices falls under the exclusive jurisdiction of the courts of the judicial district of Brussels, unless mandatory law provides otherwise.